News Coverage of Indian Law Matters (8/30/21)

NYTs: “After Video of Abusive Nurse, Canada’s Indigenous Seek Health Overhaul

WSJ: “Scarce Credit Hinders Homeownership on Tribal Land”

Nevada Current: “Tribes seek pause on development of lithium mine

Crosscut: “Inside the latest Indigenous push to stop a massive copper mine”

CNN: “Why the jump in the Native American population may be one of the hardest to explain”

NPR: “Indian Boarding Schools’ Traumatic Legacy, And The Fight To Get Native Ancestors Back

NBS: “Covid spike reignites sovereignty debate among Native Hawaiians”

This Land, season 2, episode 3: “Grandma Versus the Foster Parents

Grand River Six Nations Enterprises Ltd. v. Boughton Cert Petition

Here:

GRE Six Nations Cert Petition

Questions presented:

1. Whether Connecticut impermissibly regulates or controls conduct beyond the boundaries of the State in violation of the dormant Commerce Clause when, as a condition of allowing a manufacturer’s products to be sold in the state, Connecticut forces the manufacturer to obtain and provide private sales and shipping information possessed by non-Connecticut distributors doing no business in Connecticut and having no nexus with Connecticut.

2. Whether Connecticut violates Due Process protections when it bans a manufacturer’s products from being sold in the state, if the manufacturer fails to obtain and provide to Connecticut private sales and shipping information possessed by non-Connecticut distributors relating to their distribution of products in jurisdictions other than Connecticut.

3. Whether Connecticut violates the Supremacy Clause when, as a condition of allowing a manufacturer’s products to be sold in the state, Connecticut forces the manufacturer to obtain and provide private sales and shipping information possessed by non-Connecticut distributors who conduct no business in Connecticut nor distribute the manufacturer’s products to, or in, Connecticut.

Lower court materials here.

Update:

Boughton BIO

Reply

Federal Indian Law & Historical Gossip — The Marshall Trilogy

Those of you who know me know I like historical gossip and comic books. Thought I’d share some excerpts from the comics I give to my students.

Johnson v. McIntosh
Cherokee Nation v. Georgia
Corn Tassels

Roxanne Dunbar-Ortiz: “We All Know Columbus Didn’t Discover America—So How Did He Become a Symbol of Its Founding?”

Here.

News Coverage of Indian Law Matters (8/27/21)

NPR: “Native Tribes Face Funding Cuts Over The Treatment Of Descendants Of Former Slaves

The Takeaway: “The Colorado River is Facing a Water Shortage

U. Colo.: “New Law Extends In-State Tuition to Registered Members of American Indian Tribes with Historical Ties to Colorado

The Oklahoman: “Jimcy McGirt, whose Supreme Court case reshaped Oklahoma courts, sentenced to three life terms

Navajo Nation Sues to Conclude Navajo Relocation for 50,000 Members

Here is the complaint in Navajo Nation v. Office of Navajo and Hopi Indian Relocation (D. Ariz.):

Here is the complaint in a related suit, Navajo Nation v. United States (Fed. Cl.):

Federal Court Declines (again) to Apply Equitable Defenses re: Osage Mineral Council

Here are updated materials in United States v. Osage Wind LLC (N.D. Okla.):

219 Amended DCT Order

229 Motion for Reconsideration

234 Osage Wind Response

235 US Response

244 Reply to Osage Wind

245 Reply to US

264 DCT Order Denying Reconsideration

Prior post here.

Eighth Circuit Affirms Federal Duty to Provide “competent physician-led healthcare” to Rosebud Sioux Tribe Members

Here is the opinion in Rosebud Sioux Tribe v. United States.

Briefs:

US Opening Brief

Tribe Answer Brief

Reply

Lower court materials here.

Ninth Circuit Holds Environmental Claims re: Exploratory Drilling in Alaska are Moot

Here is the opinion in Native Village of Nuiqsut v. Bureau of Land Management.

Briefs here.

Lower court materials here.

D.C. Circuit Reverses Indirect Costs Judgment that Favored Cook Inlet Tribal Council

Here are the materials in Cook Inlet Tribal Council v. Dotomain:

D.C. Circuit opinion

Federal Brief

Tribe Brief

Reply

Lower court materials here.